Technology, Branding, and Data Privacy and Security

• Defense of patent infringement suit for Safe Foods. Complete defense victory on claim construction. The case was affirmed on appeal.
• Defended patent infringement action Bombardier Recreational Products and BRP U.S. Inc. v. Arctic Cat (D. Minn.) involving recreational vehicle technology. After a three-week trial, Arctic Cat prevailed when the jury invalidated the asserted patents. Briefed successful defense of patent invalidity jury verdict to Federal Circuit Court of Appeals.
• Team member securing preliminary injunction in first-of-its-kind Arkansas cannabis dispensary trademark dispute after virtual hearing under pandemic-era restrictions.
• Successful pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action against healthcare information, services, and technology company (E.D. Ark.).
• Dismissal of data breach class action after successfully compelling individual claim to arbitration on motion for summary judgment (W.D. Ark.).

Federal and State Legislation and Regulatory Enforcement

• Member of firm litigation team representing bitcoin mining and digital data center operators in federal lawsuits challenging enforcement of Arkansas laws restricting foreign ownership of property. After multiple temporary restraining order and preliminary injunction hearings, federal courts struck down the challenged law and enjoined enforcement (E.D. Ark.).
• Member of firm litigation team representing bitcoin mining operator in civil and criminal matters involving nuisance claims and enforcement of municipal ordinances (Ark.).
• Counsel for rural Arkansas healthcare providers in connection with the enforcement and defense of Arkansas Act 1103, which safeguards access to 340B drugs within the state, before Arkansas Insurance Department and in support of defense of federal challenge by pharmaceutical manufacturers (E.D. Ark., Ark.).
• Successfully defeated statewide-initiative petition challenging Arkansas Act 579 of 2019 regarding the expanded scope of the practice of optometry. After trial before a special master and extensive briefing to the court, the Arkansas Supreme Court invalidated the putative referendum petition.

Commercial Litigation, Class Action Defense, and Consumer Protection

• Member of team successfully defending seven consumer class-action lawsuits in parallel litigation regarding bank and credit union account fees, resulting in dismissal of all cases, including dismissal on motion to dismiss of putative class action claims related to public bank client’s overdraft and insufficient funds fees disclosed in account agreement.  
• Successful defense of energy company in competing royalty class actions and mass actions of more than 12,000 class members filed in state and federal courts, including CAFA removal, opposition to class certification, appeal of overlapping class-certification decisions, dispositive motions, and trial (E.D. Ark., Ark.). In federal case Smith v. SEECO, Inc. et al. (E.D. Ark.), after a two-week trial, co-counsel and firm team achieved a complete defense victory, with the jury rejecting the plaintiff's claim for $300 million in actual and punitive damages and penalties.
• Successful defense of Magnuson-Moss Warranty Act claims brought against multiple Fortune 500 manufacturer and retailer defendants, including removal to federal court against novel arguments of Class Action Fairness Act preemption (E.D. Ark., Ark).
• Defense of securities class actions and dismissal of shareholder derivative suits against public bank client after stock price drop (Ark., E.D. Ark., S.D.N.Y.).
• Winning favorable resolution of competing shareholder class actions and individual suits in state and federal court seeking to block merger transaction of publicly held client (E.D. Ark., Ark.).
• Defended private equity firm sued in Texas for declaratory judgment and business torts related to acquisition of interest in student housing project. Case dismissed favorably for client.

Strategic Corporate Counsel

• Outside general counsel for cybersecurity risk scoring company.
• Investigation of investment by and the production of testimony and documents responsive to SEC subpoena served on large institutional investor.
• Represented leading cryptocurrency financial services company in protecting trade secret and proprietary information from public disclosure under state securities laws and the Arkansas Freedom of Information Act (Ark.).
• Formation and post-acquisition counsel to fund in energy services industry.
• Advised industry leading data-management company as product counsel, including compliance with requirements related to the TCPA, HIPAA, HITECH, and the Affordable Care Act.
• Counsel to technology company in negotiation and structuring of enterprise SaaS and software licensing agreements.
• Advised financial services company on technology vendor contracts and data-sharing arrangements.
• Conducted internal investigation for healthcare company into allegations of billing fraud; reported findings to board of directors and implemented remedial measures.
• Advised boards on fiduciary duties, cybersecurity, responding to shareholder demands, and structuring governance for growth.

• Counsel for national foundation supporting and organizing rare disease community.
• Represented Muslim inmate in religious exercise claims under the First Amendment and RLUIPA against the Arkansas Department of Corrections. After a federal bench trial (E.D. Ark.), the court found the Department's meal-plan policy violated the federal statute and constitution by burdening client’s sincere religious belief that he keeps a halal diet and consumes meat daily without supporting legitimate prison concerns.
• Obtained state court predicate orders for applications of abandoned immigrant children for special immigrant juvenile status (Ark.).
• Numerous state guardianship petitions supporting the care of minors and incapacitated individuals.